Decision: https://archive.sclqld.org.au/qjudgment/2023/QCA23-182.pdf
This is a judgment from the Supreme Court of Queensland in the case of Madden v Commissioner of Police [No 2] [2023] QCA 182. The case involves an appeal by Jean Ellen Madden against the Commissioner of Police regarding costs associated with previous legal proceedings.
Background
Madden was charged with 16 dishonesty-related offences concerning a charity she founded for providing swags to homeless people. Twelve charges were dropped, and the remaining four were dismissed in the Magistrates Court. She sought costs, but due to the precedent set by Bell v Carter (1992), the magistrate ruled that costs could not be awarded after charges were dismissed.
Appeal Process
- The District Court upheld the magistrate’s ruling based on Bell v Carter.
- Madden then appealed to the Queensland Court of Appeal, which overturned Bell v Carter, ruling that costs could still be awarded even after charges were dismissed.
Court’s Orders
The Commissioner of Police was ordered to pay Madden’s legal costs for:
- The application for leave to appeal.
- The appeal to the Court of Appeal.
- The appeal to the District Court.
The Court rejected the Commissioner’s argument that both parties were responsible for the procedural error that led to the appeals.
